Both parents must be equally responsible for maintaining the cost of their children’s education, ruling the Nagpur bench of the Bombay High Court after a 18-year-old child approached the court (he was 18 years old when he went to court) when he found it difficult to pay the fee at IIT Dhanbad, where he has secured into the mechanical branch.
Destroying the conflict of the Father that he could not climb the amount of maintenance, because he had to care for his old mother, a divorced sister and his daughter, the bench also held that “children must be the first priority of parents in terms of maintenance”.
“Before the birth of the Petitioner in 2001, his parents had separated and he had lived with his mother.
His parents function as teachers and get a salary of more than Rs48,000.
Therefore, it is clear that both are equally responsible for sharing maintenance as well The cost of their son’s education, “said the Justice Division atul Chandurkar and Justice GN Sanap.
“Even if it is assumed, for the sake of argument, there are some other people who depend on the Father, the child must be his first priority in maintenance issues.
If he fails to share maintenance and expenses, then the mother will be asked to bear unnecessary burden,” the bench added , While asking my father to improve monthly maintenance to RS7,500 from RS5,000, effective October 27, 2015, the date in which students have submitted a request.
The young man, a student contributed to printing 93% in class X, had moved HC because he found it difficult to pay the course fees at IIT Dhanbad.
Until now, education and other expenses were treated by his mother, while the Father used to provide RS5,000 maintenance by the family court.
The applicant has prayed to improve maintenance to RS15,000 so he can pay tuition fees.
“It was seen that the applicant, who happened to be a child contributed, had been made to face this unfavorable situation.
Considering his circumstances and needs, he was limited to dropping the judicial door,” said the judges.
Parents are given divorce on July 21, 2009, through joint agreement.
Applicants argue that his father, Teacher at Zilla Parishad school, did not take care of him or treat his welfare, after his birth.
His mother faced difficulties while maintaining a little salary, the petition said.
“As far as regarding the cost of education, both parents must share them evenly.
Good on themselves must compile a mechanism to obtain the education cost statement and share the same thing,” said the bench.